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TERMS OF USE & DISCLAIMERS

Terms of Use

IMPORTANT INFORMATION – PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE!

Please read these Terms of Use (“Terms”) carefully. The following is a legal agreement between you (“user”) and the Sarah Grajeda Fitness (defined below), which governs your use of Products (defined below) obtained by purchase through this website at sarahgrajedafitness.com, or any related domains or subdomains (the “Sites”).  In these Terms, use of the words “you”, and “your” refer to each individual user who may interact with this site, and “we”, “us” and “our”.

“Products” referred to by these Terms include but are not limited to: contract forms, templates, communications, workshops, and any other documents provided for paid purchase or for which you supply personal information in exchange, including free downloaded material or other information available through the Sites, obtained from Sarah Grajeda Fitness.  All such Products are the intellectual property of and are owned by Sarah Grajeda Fitness.

By purchasing any Product, you agree to be bound by these Terms, without any other conditions or declarations. If at any time you do not agree with these Terms or find them otherwise unacceptable, please discontinue use of Sarah Grajeda Fitness Products and Site immediately.

Understand that by using the Sites, any Products, services or applications for which you tender payment or otherwise obtain through the Sites, you warrant that you are at least 18 years of age and are otherwise legally able to enter into a valid contract.

 

WHAT I DO

Sarah Grajeda Fitness is a resource through which you may obtain generalized and/or personalized exercise and/or nutrition guidance, advice, and support as well as supplementation guidance.  It provides an online coaching service for individuals who choose to reach their personalized health and fitness goals without the need of an in person personal trainer. Services, Products and any other information available through the Sites do not constitute medical advice.

 

Sarah Grajeda Fitness is not a medical doctor and is not a substitute for medical advice.

 

Communications between you and Sarah Grajeda Fitness are protected by our privacy policy.

  

PRIVACY POLICY

View our entire privacy policy here.

 

AFFILIATE LINKS

Links on the Sites may be affiliate links controlled by parties other than Sarah Grajeda Fitness to help support the maintenance of the Sites.  Sarah Grajeda Fitness does not assume responsibility for or endorse any contents, products, services or use of any of these affiliate sites and makes no guarantees as to the quality or content of the same.  You acknowledge that you bear all associated risks regarding access to and use of affiliate links and release Sarah Grajeda Fitness from any loss or damage incurred from dealing with such affiliate.

PROPERTY RIGHTS

Sarah Grajeda Fitness owns all property rights in (a) all text, logo, images, headers, trademarks, service marks, design elements, and all other protected elements on the Sites (except those licensed from others);  (b) any Products and portions therefore; (c)  all things otherwise provided to you as a part of Sarah Grajeda Fitness’ services, and; (d) any other property rights afforded to Sarah Grajeda Fitness, either through state or federal registration or as otherwise available at common law. Except as stated below, Sarah Grajeda Fitness does not grant you any rights to any Property contained within the Products or as may be available to you generally through the Sites.

You agree not to make unauthorized use of or otherwise infringe upon Sarah Grajeda Fitness Property in anyway, and understand that it is your responsibility to ensure you refrain from doing so.  Sarah Grajeda Fitness will take whatever legal action is necessary to protect its products and services in the event of such infringement and asks that you carefully manage your use of the Products, and any other downloaded materials or services to ensure compliance with these Terms.

So long as you comply with this Terms of Use, Sarah Grajeda Fitness grants you a non-exclusive, non-transferable license to download, view, copy and print the Products you purchase solely for your personal use which is not to include any reproduction, copying, or any other use of the Products or free downloadable material for resale or distribution (“Permitted Use”), provided that you:

(1)  abide by all copyright protections afforded to the Products, both as formally registered with the U.S. Copyright Office and as otherwise provided by law;

(2)  abide by all trademark protections afforded to the Products, both as formally registered with the U.S. Patent and Trademark Office, a state trademark authority, or as otherwise provided by common law;

(3) do not use the Products or otherwise offer them on any other website, through a networked computer environment, or otherwise offer them for distribution or sale or in any manner inconsistent with Permitted Use as provided by these Terms; and

(4) do not modify the Products in any way beyond edits and completions necessary to complete template forms and other Products consistent with Permitted Use provided by these Terms. Such permission to modify Products consistent with Permitted Use in no way expands the limited license provided herein, nor does grant you intellectual property ownership in, or provide a general right to modification of, the Products.

 

 CONTACT

By using the Sites and entering personal information, you give Sarah Grajeda Fitness permission to contact you via email, telephone, and by any other method for which you include contact information to provide you with information regarding specials, new Products and services or changes to the terms of the privacy policy. Should you prefer not to be contacted by e-mail, please let Sarah Grajeda Fitness know by emailing us here, and we will kindly refrain from doing so.

 

RETURN/REFUND POLICY

You acknowledge that all Products and materials are non-refundable and not returnable, under any circumstances.  All sales are final.

NO WARRANTIES

PRODUCTS ARE PROVIDED “AS IS”. SARAH GRAJEDA FITNESS OFFERS NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY FORMS OR TEMPLATES, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

OBTAINING MATERIALS AVAILABLE THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK.  SARAH GRAJEDA FITNESS MAKES NO WARRANTY THAT THE SITES, PRODUCTS OR MATERIALS WILL BE ACURRATE AND RELIABLE IN ALL INSTANCES.

LIMITATION OF LIABILITY AND INDEMNIFICATION

EXCEPT AS PROHIBITED BY LAW, SARAH GRAJEDA FITNESS SHALL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF YOUR USE OF THE WEBSITE, MATERIALS, SERVICES, OR PRODUCTS, INCLUDING MEDICAL FEES, ATTORNEY’S FEES AND RELATED EXPENSES OF LITIGATION AND ARBITRATION.    EXCEPT AS PROHIBITED AS LAW, TO THE EXTENT THERE IS LIABILITY FOUND AS TO SARAH GRAJEDA FITNESS, SUCH RECOVERY IS LIMITED TO THE AMOUNT YOU PAID FOR MATERIALS, PRODUCTS AND SERVICES.

Any questions regarding the above Terms may be directed to:

Sarahgrajedafitness@gmail.com

www.facebook.com/sarahgrajeda

Disclaimer

1. Coaching Credentials: I fully understand that Sarah Grajeda, dba, Sarah Grajeda Fitness, LLC, is not a registered nutritionist, dietician, medical doctor or practitioner and is not here for medical diagnostic or treatment procedures. Sarah Grajeda holds a current personal training certification and nutrition specialization through NASM (National Academy of Sports Medicine), fully insured, and certified in CPR/AED training through the American Safety and Health Institute.

2. Services and Fees: The services performed by Sarah Grajeda, are at all times restricted to consultation on the subject of lifestyle/nutritional matters intended for the maintenance of the best possible state of health and wellness and do not involve diagnosing, prognosticating or treatment of disease.

3. Nutrition and Supplement Recommendations: I fully understand that if there are any supplement suggestions it is my (the client’s) responsibility to check with my (the client’s) MD/ Pharmacist to make sure the suggestions are suitable and that there are no contradictions with any prescription drugs that I (the client) may be taking. Any lifestyle/nutritional suggestions made by Sarah Grajeda are to support and not replace, any medical treatment that you may be receiving.

4. Client Expectations: I fully understand that Sarah Grajeda is a supportive coach, and I (the client) must do my part in changing my lifestyle habits such as: limiting my stress, exercising daily, eating healthier, etc., to see results. I understand that changing my lifestyle takes time and results don’t occur overnight. Average weight loss is typically 0.5-2 pounds per week and 1-2 total combined body inches. Failure to follow the directed nutritional plan and workout will cause failure in achieving desired goals and results. Inconsistent adherence to the plan will result in inconsistent results. I understand that all food, drink, and condiments must be logged into MFP daily for the length of this program and contract. I understand that the weekly check-in form must be submitted by the deadline of Friday 12pm PST to receive a comprehensive response within 12 hours, and the upcoming week’s nutrition and workout plan changes (if any are needed). Client nutrition and/or training programming is subject to change as needed, and typically does not change on a weekly basis. Clients compliancy dictates changes to programming.

5. Privacy: Client information and records are confidential unless Sarah Grajeda receives your advance permission to disclose or except as required by law. All of our conversations and information exchanged is confidential under HIPAA code.

6. Disclaimer: I acknowledge that any nutritional/lifestyle/supplement suggestions made by Sarah Grajeda, dba Sarah Grajeda Fitness LLC are just merely suggestions, and are not intended as the diagnosis, cure or treatment for any disease or ailment. I also acknowledge that my physician is my primary health care provider and is responsible for supervising all changes in lifestyle habits, diet, exercise and nutrient intake that I make. Any suggestions given are not intended to replace advice from my health care practitioner. I should always consult with a qualified health care practitioner before starting any exercise, diet, health coaching, or nutritional/supplementation program, especially if pregnant, nursing, under 18 years of age, have existing health concerns, or are taking prescription medications. Never disregard medical advice or delay seeking it because of any information given by Sarah Grajeda. I recognize that any activity in which exercise and nutrition bears some risk, which I agree to accept in its entirety. I agree to hold harmless and indemnify Sarah Grajeda, dba Sarah Grajeda Fitness, LLC, from any liability whatsoever resulting from my participation in coaching activities, including but not limited to medical expenses. I accept the risk of any decision, action or outcome based on the coaching relationship. I acknowledge that expectations and results or participation in nutrition and exercise coaching vary among individuals and that each individual may not receive the same benefit.